FOREIGN CORRUPT PRACTICES ACT
1. Discuss the economic and social impact of brides and other similar payments in emerging economies.
Corruption can take many forms and can be found in many countries, but mainly in the emerging ones. The main form of corruption is the bribery in the form of payments demanded by the government or ministry officials in exchange for a favor (granting a service, awarding a business).Corruption affects all the businesses that interfere with the government, but studies have shown that certain industries are more exposed to it. These industries are construction, airline manufacturing, power plants, and oil and gas production. In emerging economies the impact of bribes and other similar payments can affect
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Overall new procedures put in place were beneficial for Baker Hughes because they improved compliance and they also improved the company’s business operations. 5. Discuss whether the payments outlined on pages 12 and 13 are foreign corrupt practices.
Yes, I think that the payments outlined on pages 12 and 13 should be considered corrupt practices because of the way they were registered in the company’s books -it was in compliance with the FCPA because of the anti-bribery provision and the books and records provision.
6. Evaluate whether the changes in Exhibits 4 and 5 are likely to stop future foreign corrupt practices at Baker Hughes.
All the changes in Exhibits 4 and 5 are related to the agents that Baker Hughes will use in the future. The changes in Exhibits 4 and 5 are likely to stop future corrupt practices at Baker Hughes because they will provide the company with more information about the agents that they are about to hire (information that they didn’t have before). The information is referring to agents’ background, competence, reputation, their intentions, experience, skills, and their integrity and willingness to comply with FCPA. So Baker Hughes will be able to prevent and eliminate any acts of corruptions.
7. Discuss how the compliance and governance changes are likely to impact the future profits and shareholder value at Baker Hughes.
The compliance and governance changes implemented at Baker Hughes
The first case that was involved CFPOA is R. v. Griffiths Energy International . In January 2013, the Griffiths Energy was pled guilty to bribery offence under section 3(1), (b) of the CFPOA . The offender paid over USD 2 million to obtain a consulting agreement of oil contracts in the Republic of Chad. Griffiths Energy paid the bribe to a company owned by the wife of the foreign ambassador as well as a number of founder shares. The article of “A New Era of Canadian Anti-Corruption Enforcement?” mentions more detail of the court case. On September 15, 2009, the Griffiths Energy offered the bribe to Chad Oil Counsulting the statement of facts disclosed that the Griffiths Energy LLC owned by Ms. Niam, the wife of Chad’s Canadian, Ambassador Mahamoud Adam Bechir, and
This review will address several issues associated with the legal, business, and ethics related to the case. First, it will describe the legality of the case by reviewing the
The primary flow of silver had severe effects economically and socially from 15000-1750. Some effects are the economic imbalance which caused social suffering, the social anarchy of robbing and more, and when the economic imbalance caused them to be active within the trade business which helped their economy. Documents 1, and 3 show the social effects that evolved from economic aspects. In document 1 it shows that the demand of silver had effects on the poor and also the rich. The source of document 1 was Ye Chunji, who was a county official during the Ming dynasty.
The criminal complaint, filed in federal court in New York, offers the clearest view yet of one of the biggest cases of alleged insider dealing ever. In its lawsuit, filed in federal court in Manhattan, the Commission alleges that the defendants violated the antifraud, periodic reporting, record keeping, and internal controls
Many companies are trying to expand economically in the market by doing business with an individual or another company in foreign countries. These businesses are engaging in into using improper ways of payments that are leading to secret bribes to the foreign public officials. Foreign countries are not always in compliance with the laws and they tend not to follow them. Having these problems with the US and all the millions of dollars that have been passed they wanted to take a more affirmative approach and be able to correct the problem. That is when congress decided to introduce the Foreign Corrupt Practices Act to prosecute foreign companies for corrupt payments within the United States. The Foreign Corrupt Practices Act is a federal
Bribery weakens competition and diminishes free trade which can affect companies, shareholders, and stakeholders. Jacob Franklin knowingly extended bribes to governments and contractors while knowing it was against company policy. Jacob engaged in bribery even though he knew it was wrong because he was advised that it was common practice at Richard Drilling. “In 1977, President Carter signed the Foreign Corrupt Practices Act (FCPA). The law made it illegal to bribe foreign officials. The maximum punishments for violators were set at $100,000 and 5 years in jail. Companies can be fined millions” (Bredeson, 2012, p.301). Not only was extending the bribe against company policy, it was against law and could cost Jacob and Richardson Drilling money and freedom.
Discuss the alternate FTC analysis that is applied to such cases if they are suspect but not found to be per se illegal.
If section 42 is not chilling enough, consider the definition of "corrupt conduct". It includes conduct by an employee or contractor or consultant that is judged to be "abusing his or her position".
7. Discuss how the compliance and governance changes are likely to impact the future profits and shareholder value at Baker Hughes.
The Foreign Corrupt Practices Act has been pursued by government agencies recently as the SEC, the FBI, and Department of Justice are cracking down on international business corruption. Companies are working harder at expanding economically in the market by doing business with individuals and other companies in foreign countries. Foreign countries are not always in compliance with US laws and regulations, causing US companies who deal with them issues with compliance on the home front. Because of these ongoing issues congress decided to introduce the Foreign Corrupt Practices Act and to prosecute foreign companies for corrupt activities within the United States. The Foreign Corrupt Practices Act is a federal law that was amended in 1977,
Consider journal entry that recognized $35 million of revenue in 2001 from the EDS contract based on WorlCom’s expectation that the five-year required cumulative minimum payment would not be met. Based on your own analysis of GAAP, explain the propriety to impropriety of this journal entry.
This essay will discuss the Supreme Court decision in FHR European Ventures LLP and others v Cedar Capital Partners LLC (Cedar) . The issue in this case was whether a bribe or secret commission accepted by an agent is held on constructive trust for his principal. This topic is a “relentless and seemingly endless debate” , as Sir Terence Etherton described, and that the “remedy awarded has vacillated for the last 200-odd years” . The major reason for the debate is because the principal will have propriety claim as opposed to a mere equitable compensation, if the bribe or commission is held on a constructive trust . The principal will be in a much more advantageous position if he was held to have propriety
The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands. More than 400 U.S. companies admitted to making questionable payments to various foreign governments and political parties as part of an amnesty program (U.S. Department of Justice http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white-collar crimes (e.g., insider trading, bribery, false financial statements, etc.), particularly the payments made to foreign officials by corporations, Congress felt obligated to introduce legislation that led to the act. Congress 's objective was to restore confidence in the manner U.S. companies’ transacted business.
In today’s ever changing and competitive modern world of business, it is critical for the companies to have activities internationally. In order to prohibit frauds and illegal activities, several acts and documents have been elaborated. One of the documents is Foreign Corrupt Practices Act that has been enacted in the 1970’s, as a result of SEC investigation of several U.S. companies that made illegal payments to foreign governmental officials, politicians, and political parties (Barnes 73). The FCPA had a critical impact on the way U.S. firms do business. Companies that did not comply with FCPA have been subject of criminal and civil enforcement actions that later resulted in huge fines and sentences for
It is clear from the case study that Alistair knows the contract is unorthodox. The problem he faces is whether he should overlook the bribe or report it to the board. The board of directors expects Alistair to tell the truth and report the bribe because of: his position as Chief Legal Officer, the board has a very strong ethics policy and they are wary of unethical activities.